Conditions and procedures for establishing the owners' committee

The owners' committee generally meets the following three conditions:

1, and the occupancy rate is over 50%;

2. The first batch of properties have been delivered for 2 years;

3. The first batch of properties has been delivered for 3 years.

I. Conditions and procedures for establishing the owners' committee

1.

Property management community (building) meets one of the following circumstances, five or more owners can jointly submit a written application to the neighborhood office (or the town people's government, the same below) where the community (building) is located, fill in the Application Form for the Preparatory Group for the Establishment of the First Owners (Representatives) Congress, and establish the first owners' committee:

(1) The delivered construction area of the property reaches over 50%;

(2) The delivered property has a construction area of more than 30% and less than 50% and has been used for more than one year.

2. Establish a preparatory group.

After receiving the application, the street office shall give a written reply to guide the preparatory group of the owners' committee of the residential area (building) (hereinafter referred to as the preparatory group).

3, the preparatory group to carry out preparatory work.

(1) After the approval of the preparatory group, notify the construction unit or the property management company to report the list of all owners, contact address and telephone number to the sub-district office within 15 days; The street office shall submit the above materials to the preparatory group within 5 days after receiving the relevant materials.

(two) the preparatory group shall, within 30 days from the date of its establishment, draw up the owners' convention, the articles of association of the owners' committee and the election method of the owners' committee, and post them in a prominent position in the residential area (building) to solicit the opinions of the owners. The preparatory group published the publicity materials of the policies and regulations of the owners' committee on the bulletin board and distributed them to the owners.

(3) The preparatory group will organize all building owners to produce candidates for the owners' committee through self-recommendation or recommendation.

(4) The preparatory group will post the resumes of the candidates of the owners' committee members, the sample voting format of the owners' committee and the agenda of the owners' meeting and announce them to the owners, and send the election method of the owners' committee to all owners in written form.

4. Convene the preparatory group for the election of members.

After the above work is completed, send the list of owners' candidates and their resumes in the Measures for Election of Owners' Committees, the Articles of Association of Owners' Committees and the Owners' Convention to the sub-district office, and submit a written application for convening the owners' meeting or owners' congress. At the same time, make good preparations for the meeting, including arranging the meeting place, organizing people to print ballots, arranging ballot boxes, informing all voters, notifying neighborhood offices, police stations, development companies, property management companies and other relevant personnel.

The preparatory group held a meeting according to the agenda: collecting and registering votes; Vote to pass the articles of association of the owners' committee and the owners' convention; Open ballots, count votes, read out the election results, and produce members of the owners' Committee.

After the meeting, the preparatory group will announce the sign-in form and the statistical table of election results.

5. Apply to the owners' committee for registration.

From the date of production 15 days, apply to the district and county real estate administrative departments for registration with the following documents.

Second, the composition of the owners' committee.

Generally speaking, there are two ways to form the owners' committee:

1. Elected by the owners' congress or the owners' congress, and produced in accordance with the procedures of the Civil Code, the Property Management Regulations and relevant local measures;

2. For large-scale residential quarters, the owners first elect their own floor committees by building, and then the floor committees elect representatives to form industry committees; The industry committee thus formed is mainly responsible for the management of buildings used by * * *; The building management committee is responsible for building management.

Three, who has the right to dissolve the industry committee?

1. Only the owners' meeting or the owners have the right to dissolve the neighborhood committee, and no one else has the right to do so.

2. Even the street office where the property is located has the right to cancel the decision, but it has no right to dissolve.

3. Because the Industry Committee is elected by the owners of the community, if it is to be dissolved, it must go through the owners' meeting.

legal ground

1. Article 10 of the Property Management Regulations

Owners in the same property management area shall, under the guidance of the real estate administrative department of the district or county people's government where the property is located or the subdistrict office or the township people's government, set up the owners' meeting and elect the owners' committee. However, if there is only one owner, or if the number of owners is small and all owners agree unanimously, it is decided not to set up the owners' meeting, and the owners will jointly perform the duties of the owners' meeting and the owners' committee.

Article 16

The owners' committee shall, within 30 days from the date of election, file with the real estate administrative department of the district or county people's government, the subdistrict office and the Township People's government where the property is located. Members of the owners' committee shall be owners who are enthusiastic about public welfare undertakings, have a strong sense of responsibility and have certain organizational ability. The chairman and deputy directors of the owners' committee are elected from among the members of the owners' committee.